Got Letter Today

[hulamatt]

Denied... Basically they said that because I signed a paper admitting guilt and knew i was going to get a OTH discharge, voluntarily, and spoke with a TDS lawyer, that i knew what was going to happen.

Then they address the Mentally incompetent issue.

"Furthermore, The analyst noted the Applicant's issue that he was mentally incompetent and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review"

So for my Beliefs that i was brainwashed and given LSD and put through all these mental tests, and thought i was special forces and that the CIA was monitoring me, and my drill sergeants, and they wanted me to go back to basic training and take the LSD again and be brainwashed, and brainwash a wife, and we would be together premanently because of the brainwash.....what relief or assistance could i have gotten if i believe this was true? im sorry "obtained" I took all the action i thought was nessasary went to the IG, told my commander, i was sent to the mental health ward, where i shut my mouth and kept on believing, then i went awol to follow these delusions (i have Paranoid Schizophrenia by the way) Returned to fort know where i went to basic 4 years earlier to try and get back into a BCT cycle just to make it to the last day to be brainwashed ( i thought they did it to everyone) was scared for my life that they were going to have guns and possible shoot me because they didnt want me to see. Also tried to get my wife( which worked better than most would think, but not married to top it off the girl was married, and i had known her and her husband for 5 years you bet i feel like shvt now but i was out of my mind) So what kinda relief was i to get if the Army discharged me from the hospital and sent me on with my training, even though i had a no weapons profile(dont know how to get a copy of that) for a month, and still my commander knew and sent my downrange, i showed my DS and he handed me a weapon....I didnt care, i just wanted to be brainwashed again, i wasnt going to shoot anyone, i thought i was the only one that was in on it, besides the DS's.... So i was somehow suppose to magically figure out that i needed help and that nothing i was believing and remembering was true, Give me a break. Hell i was still believing this when i signed the admission to AWOL, yeah i went AWOL, i mean how can you not admit it. And i thought that once i was discharged that special forces was going to pick me up and take me away, for some more training. In fact when i arrived to the AWOL processing place at fort knox i thought i was in a training mission and treated the cadre and intake personnel officers as opfor, wouldnt give up any info but name rank and social, they put me in LOS the whole time i was there. And i had to sit there and extra week because i wouldnt sign any of the documents because i believed i was being tested and give up nothing but name rank and social... So i signed the document, but i mean i was incompetent at the time, so it shouldnt even be legal, and the day i left fort knox to go home, the very next day i was at the VA Psych ward because i thought the government was tapping my phone, and wouldnt let me access special forces sites, and i told my brother i might kill myself if they kept messing with me, he called the cops, and well obviously i was in the hospital, The doc said she would write in my report that i shouldnt be held accountable, but she never did( and i cant get ahold of her, no voicemail, her office is on the locked unit, ive called at least 20 times, left messages with the nurse station, the only way i can think to get her to write that for me is to admit myself there again) but i have no VA care because i havent met the 2 years.....

So without this upgrade, if the VA denies me SC due to OTH, all i can do is appeal, i was hoping with a new dd214 i wouldnt have to prove i was insane, which is a big time saver because its hard to prove, and people are retarded like the discharge review board, that says u should have gotten help...hello i didnt know i needed it F retarded people....

Anyways sorry for the rant...just pissed

Anyone happen to no anyone that appears in front of Review cases in Dc for free or cheap? preferably someone of higher quality than a VSO, but ill use them if i have to

Told my doc this today that i got denied, hes like what were you suppose to do realize you werent crazy, and the best part is the vote was 0-5 against me i didnt even get one vote

Also another question what are the legal aspects of me being incompetent that they must follow, because they didnt, as i said i was on watch the hole time i was being out processed because i was nuts, never said i was going to hurt anyone or myself, they could just tell something wasnt right with me and would not let me be alone, my lawyer knew and said to take the OTH and command knew because my mom told them, but still the letter they submitted for my discharge( which is attached ) says not signs of mental anything

[john999]

Did you have a lawyer? I may have told you my experience with this board. They are not friendly to vets without expert legal representation. They are afraid you will ask for money. There is just no way a young and scared soldier can stand up to the weight of UCMJ. You never had a chance then. Now you have to hire a lawyer if you want to win this thing.

[Notorious Kelly]

Hang in there Matt!

[hulamatt]

Did you have a lawyer? I may have told you my experience with this board. They are not friendly to vets without expert legal representation. They are afraid you will ask for money. There is just no way a young and scared soldier can stand up to the weight of UCMJ. You never had a chance then. Now you have to hire a lawyer if you want to win this thing.

i was not even aware you could win any type of monetary compensation from your service, no matter what happened to you, besides Va benefits,not their fault i went crazy, but the rest is BS, no lawyer, even if i had a lawyer, there is no recourse, then i have to appeal to the board of corrections, until something happens or i give up, i dont think you can take it to court

[john999]

Matt

Yes, you can get a lawyer to represent you at the BCMR. There are experts who do this kind of thing. Your rights were probably not well represented since they consider vets with bad paper to be the enemy. If you can prove you should have gotten a medical discharge you might be eligible for a pension.

[Wings]

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If your immediate Commanders or Supervisors had an awareness or knowledge of your mental health impairment, they had a military duty to order a psychiatric examination prior to your OTH discharge. If your Command failed to provide for a mental status exam, and had knowledge of your mental impairment, then you were improperly discharged. Cite Psychiatry in military law / Published 1953. ~Wings

1. See Rules for Courts-Martial (R.C.M.) Rule 706. Inquiry into the mental capacity or mental responsibility of the accused ... http://www.au.af.mil/au/awc/awcgate/law/mcm.pdf

"A sanity board is a creature not of statute, but of executive order and long-standing military practice, dating to at least 1917. See Captain Charles E. Trant, The American Military Insanity Defense: A Moral, Philosophical, and Legal Dilemma, 99 Mil. L. Rev. 1, 66 n.349 (1983) ... We have frequently recognized the important protections afforded by R.C.M. 706 and its predecessors to servicemembers facing the court-martial process. We have emphasized the responsibility of the convening authority and the military judge to order a sanity board when required, as well as the duty of all participants in the process to bring to the attention of the convening authority or military judge any condition or behavior that may reasonably call into question the mental responsibility or competence of an accused. United States v. Collins, 60 M.J. 261 (C.A.A.F. 2004). RCM 706©(1) provides that an inquiry into mental capacity or mental responsibility “shall be referred to a board consisting of one or more persons. Each member of the board shall be either a physician or a clinical psychologist.” U.S. vs Best (2005) http://www.armfor.uscourts.gov/opinions/2005Term/00-0679.htm

2. See also CORE CRIMINAL LAW SUBJECTS: Defenses: Lack of Mental Responsibility http://www.armfor.uscourts.gov/digest/IIIB13.htm

3. Example of military Attorney ... The Bilecki Law Group aggressively defends any service member accused of a violation of the Uniform Code of Military Justice. http://www.bileckilawgroup.com/